Atkins Argumentative Essay

The 8th Amendment was formed to ensure that punishment for a crime was not cruel or unusual. It also has a clause for those with mental illness so that they will not face the death penalty for committing a crime that a sane person would commit. And those under the age of 18 would not face the death penalty. Since the 8th Amendment was attached to the Bill of Rights in 1791 it has taken on a different meaning for the accused of breaking the law and prisoner of today. In this paper we will look at several cases in which the 8th Amendment has been used in my opinion unethically to justify everything from gender reassignment surgery to claiming that one was mentally insane in order to get out of facing the death penalty.

In the case of Commonwealth v. John E. DuPont (1996), the defendant John DuPont was convicted in February 1997 of guilty, but mentally ill, with a verdict of third-degree murder. DuPont and his defense team had tried repeatedly to persuade the jury that he was legally insane. The definition of legally insane includes that the defendant did not know the nature of the act he or she committed or did not know it to be wrong. After weeks of testimony the jury determined that DuPont was mentally ill, but was legally sane. Meaning the jury felt that beyond a reasonable doubt the DuPont was guilty of murder, although mentally ill, at the commission of the crime. The erratic behavior, delusions, and other eccentricities of DuPont pointed to symptoms

Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution. This ruling is controversial because many say that this will let guilty people go free on police carelessness, while others say that the constitution is not a technicality and allows for the equal prosecution of all

As “locavores” becomes gradually apparent in society, the term newly introduced to a grand population appears questionable and unfamiliar. The term “locavore” is defined as person who only eats locally grown/produced products as much as possible, and they are also generally advocates for the cause they support. Locavores believe that there is greater nutritional value and memorable personal experiences, yet there is no concrete evidence that suggests that locavores should be the grand decision. Choosing imported goods should be an effective way of allowing mass production to feed a large population along with accessibility.

In the short story, “The Tell-Tale Heart” by Edgar Allan Poe, the author writes the story in first person perspective of the main character. The main character acknowledges that he has a disease that allows him to perceive and look at things differently in reality. This mental illness prompts him to want to kill an innocent man because the narrator loathes the old man’s eye. On the eighth night, the main character abruptly kills the old man and confesses to the police because of the panic and pride that has overcome his mind. Now, the killer, guilty, is being determined by what is to become of him. In this case, the calculated killer should not receive the death penalty, but be given 20 years of prison with psychiatric care based on the 8th amendment, the fact that he murdered someone, and his mental illness.

Where did our laws come from? The Eighth Amendment is the Amendment that focus on the state of law. The Eighth Amendment came from the Bill of rights where our founding fathers decided that we should have 10 Amendments of law that we have to follow. The meaning of the Amendment is the impact on the law state of law.

Facts: Kevan Brumfield was convicted of murder of Betty Smothers, and was sentenced to death by a Louisiana court. This court decision was made before ruling that the 8th Amendment prohibits execution of the intellectually disabled under Atkins v. Virginia. Using the Atkins Mandate, in State v. Williams (2001), the Louisiana Supreme Court decided a hearing must take place to decide if Williams was actually intellectually disabled. He would have to prove this by showing (1) he has sub average intelligence as measured by a standardized IQ test and (2) significant impairment in several areas of adaptive skills (3) Manifestations of this neuro-psychological disorder in the developmental stage. In effort to prove his disability, Brumfield used Dr. Guin, a social worker, and Dr. Bolter, a neuropsychologist that performed a number of cognitive examinations on him.

The Kennedy v Louisiana was a Supreme Court case dealing with whether or not the Eighth Amendment allowed for the death penalty to be used when a crime did not end in death. The original case dealt with charging Patrick Kennedy with the death penalty for the severe rape of his stepdaughter. The rape left the eight year old girl with profuse vaginal bleeding due to extreme tearing in her vaginal area and anus. Despite the rape being severe and requiring hospitalization for the girl, the court decided that sentencing the death penalty was only for the most extreme cases in which the crime ended with death. It is important to note that his ruling only concerns crimes against individuals rather than state cases.

Homelessness is an issue that has never been resolved in the United States. The number of homeless people has doubled in the last couple of years. These people struggle to get access to food due to their financial and living conditions. Restaurants and grocery stores have a large amount of food left uneaten each day. I believe they should give that food to those in need. Others do not agree with me. Using the pillow method, the five positions give insight to the different perspectives that should be taken into consideration when contemplating this argument.

Justice Breyer, you, should fight to grant certiorari on this case. This is a capital punishment case that shows the risk inherent in having such a penalty. By clinical definition Lizcano would be considered intellectually disabled, however, under Texas law and the use of Briseno factors Lizcano is eligible for execution. This would be a good case for you to take up because; although, it will not completely eradicate capital punishment you will be able to help lessen the number of people who are given the punishment of death. It will also provide a solid argument against the death penalty and the arbitrariness with which it is applied. In Texas, using the Briseno factors, a defendant is at the mercy of the jury to determine if he or she is

When wheat or white bread is placed either in the freezer a dark cabinet, the counter, fridge or with a paper towel can mold still grow on the piece of bread? How much do you know about bread? Have you ever noticed that white bread molds faster than wheat bread? If you have you are very perceptive. When you think of bread what is your first thought? For some people it might be carbs, high cholesterol, and many other negative results.

i would like better lunch because they would and other students will agree because many waste up to 50 dollars a week and by changing to better food they can save that money for other stuff . and many would use the for other things for themselves because many people may get minimum wage. And other people don't even eat at all and they are hungry all the day but wont eat because they don't like the food and also they might feel light headed and their stomach might hurt. And also the custodians because some don't even do

Three collegiate level wrestlers by the name of Jeff Reese, Billy Saylor, and Joe La Rosa were announced dead all within a span of 35 days. The cause of death all leading to the same thing—cutting weight. Cutting weight can be explained as fast weight loss prior to a sports event. Cutting weight can be accomplished using healthier alternatives other than starving themselves. A few turn to laxatives, water pills, and even a finger down the throat to rid of any excess bodily fluids. Wrestlers believe that the lower the weight class the easier the competition will be, however in reality it is equal. High Schools as well as colleges are under fire from parents and others regarding cutting weight. The common practice of “cutting weight” is detrimental to wrestlers’ health and performance and wrestling associations

For a will, the sugar-sweetened drink has been taxed and are improving people diet and there is a lot of research on junk food is taxed and how it can also improve people diet. In places were sugar drinks have been taxed the person paying for there drink is taxed but for junk, food researcher has shown that taxing the people will have no impact. If people are not taxed than manufacturers should be taxed, and studies have shown when manufacturers are taxed than they are more likely to increase prices which will stop people from buying junk food and look for healthier food. Junk food has caused an increased rate of obesity and one way the government is trying to fight this is by having fat taxes which tax just unhealthy food and sugar-sweetened drinks. When junk food is being taxed than people will more incline to buy healthy food and drinks, this is only possible when the manufacturers are taxed.

All our life we commit mistakes, but should a young teen’s life be taken away in a an instant because of an idiotic mistake they made? According to the eighth amendment, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” It would be cruel to give a young teen a mandatory life sentence without parole without giving them the chance to redeem him/herself and get their life back together. I understand that there are crimes that have no forgiveness, however there are several teens that don 't realize what they are doing. “Young people are biologically different from adults” (Garinger 1). In this case, I agree with the majority of the Supreme Court Justice who believe that mandatory life